Discussion Forum: Thread 323834

 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 08:18
 Subject: When does seller responsibility for order end
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George_Lucy (17881)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 16, 2008 Contact Member Seller
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Store: George's Brick Shop
I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me. The question is
if it was removed (which it was) and repacked how can I be liable for the damage?
The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks. He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jul 11, 2022 08:27
 Subject: Re: When does seller responsibility for order end
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tons_of_bricks (13099)

Location:  USA, Missouri
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In Help, George_Lucy writes:
  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me. The question is
if it was removed (which it was) and repacked how can I be liable for the damage?
The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks. He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

Well, I personally wouldn't do anything without pictures, so make sure you
get them. In my opinion, orders that are shipped to distribution centers are
seller's responsibility only until it is delivered to the center. At that
point, I have completed my end of the deal, shipping it to the address given.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 08:32
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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Never.

But basically, ask for a picture, ask again.
Prepare for a PayPal dispute and to loose money (see first line).
A seller's life.
 Author: jennnifer View Messages Posted By jennnifer
 Posted: Jul 11, 2022 08:46
 Subject: Re: When does seller responsibility for order end
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jennnifer (3579)

Location:  USA, Illinois
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In Help, George_Lucy writes:
  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me. The question is
if it was removed (which it was) and repacked how can I be liable for the damage?
The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks. He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

Once it arrives at the distribution center and is opened by a third party, you
can't possibly be responsible for what happens thereafter. Do you by chance
have an image of the package you sent? It might help to prove you sent the items
properly in a box.

I've taken to photographing both the contents of the order and the final
package. It helps with disputes of every variety. Most people magically recant
when presented with this kind of evidence.

Good luck,
Jen
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 08:56
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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  Once it arrives at the distribution center and is opened by a third party, you
can't possibly be responsible for what happens thereafter.

LOL, this is an obsolete concept, sorry to say

You go to the MacDo drive-in and paid 4$ for an ice cream.

The guy comes at the window and tells you "Sorry, no ice-cream, no refund - I
had it but it felt on the floor because this other seller bumped me". It's
not my fault.

You say: "Fine, that seems normal!".

In short, buyer sends money to get goods, not to MAYBE get goods.

Seller is responsible whatever happens in the middle. The fact seller can be
insured or refunded is another problem, it's his problem.
 Author: randyipp View Messages Posted By randyipp
 Posted: Jul 11, 2022 09:08
 Subject: Re: When does seller responsibility for order end
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randyipp (3541)

Location:  USA, New Hampshire
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In Help, 1001bricks writes:
  
  Once it arrives at the distribution center and is opened by a third party, you
can't possibly be responsible for what happens thereafter.

LOL, this is an obsolete concept, sorry to say

You go to the MacDo drive-in and paid 4$ for an ice cream.

The guy comes at the window and tells you "Sorry, no ice-cream, no refund - I
had it but it felt on the floor because this other seller bumped me". It's
not my fault.

You say: "Fine, that seems normal!".

In short, buyer sends money to get goods, not to MAYBE get goods.

Seller is responsible whatever happens in the middle. The fact seller can be
insured or refunded is another problem, it's his problem.

Your analogy is a bit off.

It's more like you order an Ice cream from MacDo and have it delivered by
Uber eats. The Uber eats driver shows up with that ice cream but instead of
handing it to you they throw the ice cream on the ground.

Do you call MacDo and complain or do you ask the 3rd party for a refund, in this
case Uber eats who did not deliver what you ordered in the condition as expected.
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Jul 11, 2022 09:12
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SylvainLS (46)

Location:  France, Nouvelle-Aquitaine
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 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Jul 11, 2022 09:15
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SylvainLS (46)

Location:  France, Nouvelle-Aquitaine
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Sorry, your analogy is right, I misunderstood the ‘distribution center’ bit.
 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 09:12
 Subject: Re: When does seller responsibility for order end
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George_Lucy (17881)

Location:  USA, New Jersey
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Store: George's Brick Shop
This makes zero sense. The buyer is trusting the distribution center to receive
his parts. If I get them to the distribution center and they remove and repackage
the goods how could you say they are not responsible if damaged? If it is delivered
to the center and than they lose it would I be responsible? This would open up
a new scam for many.

In Help, 1001bricks writes:
  
  Once it arrives at the distribution center and is opened by a third party, you
can't possibly be responsible for what happens thereafter.

LOL, this is an obsolete concept, sorry to say

You go to the MacDo drive-in and paid 4$ for an ice cream.

The guy comes at the window and tells you "Sorry, no ice-cream, no refund - I
had it but it felt on the floor because this other seller bumped me". It's
not my fault.

You say: "Fine, that seems normal!".

In short, buyer sends money to get goods, not to MAYBE get goods.

Seller is responsible whatever happens in the middle. The fact seller can be
insured or refunded is another problem, it's his problem.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:28
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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Store: 1001bricks
In Help, George_Lucy writes:
  This makes zero sense. The buyer is trusting the distribution center to receive
his parts.

No, the buyer paid YOU to receive items.
 Author: yorbrick View Messages Posted By yorbrick
 Posted: Jul 11, 2022 09:53
 Subject: Re: When does seller responsibility for order end
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yorbrick (1193)

Location:  United Kingdom, England
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In Help, 1001bricks writes:
  In Help, George_Lucy writes:
  This makes zero sense. The buyer is trusting the distribution center to receive
his parts.

No, the buyer paid YOU to receive items.

I have won a PayPal claim in the past where the buyer claimed not received when
they ordered via a freight forwarder. They used the freight forwarder's address
as their paypal address, and I could prove it had been received there.

Obviously this one is different as the buyer is claiming damage instead of not
received.
 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 09:56
 Subject: Re: When does seller responsibility for order end
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George_Lucy (17881)

Location:  USA, New Jersey
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Store: George's Brick Shop
Than the buyer should have had me ship it directly to them. I am now 100% sure
it was repacked and sent to him. If that is the case I will let PP decide. I
did my part they failed him.

In Help, 1001bricks writes:
  In Help, George_Lucy writes:
  This makes zero sense. The buyer is trusting the distribution center to receive
his parts.

No, the buyer paid YOU to receive items.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:58
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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Store: 1001bricks
I didn't talk about this, yours, specific case, but the general responsability
of sellers.
Which also depends your PayPal Terms (which may differ) and your Laws (same).

Sylvian

In Help, George_Lucy writes:
  Than the buyer should have had me ship it directly to them. I am now 100% sure
it was repacked and sent to him. If that is the case I will let PP decide. I
did my part they failed him.

In Help, 1001bricks writes:
  In Help, George_Lucy writes:
  This makes zero sense. The buyer is trusting the distribution center to receive
his parts.

No, the buyer paid YOU to receive items.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:29
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1001bricks (53172)

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 Author: jennnifer View Messages Posted By jennnifer
 Posted: Jul 11, 2022 09:21
 Subject: Re: When does seller responsibility for order end
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jennnifer (3579)

Location:  USA, Illinois
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In Help, 1001bricks writes:
  
  Once it arrives at the distribution center and is opened by a third party, you
can't possibly be responsible for what happens thereafter.

LOL, this is an obsolete concept, sorry to say


I disagree completely. I am only responsible for the order arriving safely at
its delivery address. If I contracted with the distribution center, that's
another story.

Otherwise, if they want a refund, I need to see an image of the damaged box where
it was delivered with no other shipping labels or markings.

"I had my order sent to my uncle Joe's house and he spilled coffee on it
when bringing it to my house."

Sorry, no.

Jen
 Author: SurplusParts View Messages Posted By SurplusParts
 Posted: Jul 11, 2022 09:25
 Subject: Re: When does seller responsibility for order end
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SurplusParts (6443)

Location:  Australia, Victoria
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In Help, jennnifer writes:
  In Help, 1001bricks writes:
  
  Once it arrives at the distribution center and is opened by a third party, you
can't possibly be responsible for what happens thereafter.

LOL, this is an obsolete concept, sorry to say


I disagree completely. I am only responsible for the order arriving safely at
its delivery address. If I contracted with the distribution center, that's
another story.

Otherwise, if they want a refund, I need to see an image of the damaged box where
it was delivered with no other shipping labels or markings.

"I had my order sent to my uncle Joe's house and he spilled coffee on it
when bringing it to my house."

Sorry, no.

Jen

Totally agree. You responsibility as a seller is to get it to the distribution
centre. If it has arrived there safely then you have completed your contract
with the buyer.

I always get nervous when i get orders that want me to ship it to these centres.
They are much rarer in Australia luckily but not uncommon. I have completed
several orders to US via this method despite not shipping to the US.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:31
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.
 Author: jennnifer View Messages Posted By jennnifer
 Posted: Jul 11, 2022 09:35
 Subject: Re: When does seller responsibility for order end
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jennnifer (3579)

Location:  USA, Illinois
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In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.

The Paypal terms state that I am responsible for the order arriving at a different
address than the one on the label?

Jen
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:38
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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In Help, jennnifer writes:
  In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.

The Paypal terms state that I am responsible for the order arriving at a different
address than the one on the label?

Absolutely; normally you HAVE to deliver or make it delivered to the PayPal account
address.

If it arrived somewhere else, PayPal will conclude the buyer didn't receive
it at his address, which is your problem.
 Author: runner.caller View Messages Posted By runner.caller
 Posted: Jul 11, 2022 09:51
 Subject: Re: When does seller responsibility for order end
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runner.caller (2702)

Location:  USA, South Dakota
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In Help, 1001bricks writes:
  In Help, jennnifer writes:
  In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.

The Paypal terms state that I am responsible for the order arriving at a different
address than the one on the label?

Absolutely; normally you HAVE to deliver or make it delivered to the PayPal account
address.

If it arrived somewhere else, PayPal will conclude the buyer didn't receive
it at his address, which is your problem.

In this case though, the buyer is changing their BL and Paypal address to the
distribution center's address.

They then have a secondary deal worked out with the distribution center to get
their items.

So paypal dispute team will see that it has indeed been delivered to the paypal
address.
 Author: yorbrick View Messages Posted By yorbrick
 Posted: Jul 11, 2022 09:54
 Subject: Re: When does seller responsibility for order end
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yorbrick (1193)

Location:  United Kingdom, England
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  So paypal dispute team will see that it has indeed been delivered to the paypal
address.

But in this case, the buyer will claim damaged, instead of not delivered.
 Author: runner.caller View Messages Posted By runner.caller
 Posted: Jul 11, 2022 09:58
 Subject: Re: When does seller responsibility for order end
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runner.caller (2702)

Location:  USA, South Dakota
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In Help, yorbrick writes:
  
  So paypal dispute team will see that it has indeed been delivered to the paypal
address.

But in this case, the buyer will claim damaged, instead of not delivered.

Oh ya, might be SOL on an INAD case... that's no fun.
 Author: jennnifer View Messages Posted By jennnifer
 Posted: Jul 11, 2022 10:52
 Subject: Re: When does seller responsibility for order end
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jennnifer (3579)

Location:  USA, Illinois
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In Help, 1001bricks writes:
  In Help, jennnifer writes:
  In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.

The Paypal terms state that I am responsible for the order arriving at a different
address than the one on the label?

Absolutely; normally you HAVE to deliver or make it delivered to the PayPal account
address.

If it arrived somewhere else, PayPal will conclude the buyer didn't receive
it at his address, which is your problem.

The distribution center IS the address on the label and the one that came through
with the payment.

Jen
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 10:53
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
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In Help, jennnifer writes:
  In Help, 1001bricks writes:
  In Help, jennnifer writes:
  In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.

The Paypal terms state that I am responsible for the order arriving at a different
address than the one on the label?

Absolutely; normally you HAVE to deliver or make it delivered to the PayPal account
address.

If it arrived somewhere else, PayPal will conclude the buyer didn't receive
it at his address, which is your problem.

The distribution center IS the address on the label and the one that came through
with the payment.

Donno.
I discussed generic responsability, not this very one case - very sorry about
this.
 Author: SurplusParts View Messages Posted By SurplusParts
 Posted: Jul 11, 2022 09:38
 Subject: Re: When does seller responsibility for order end
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SurplusParts (6443)

Location:  Australia, Victoria
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In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.

I would agree that there is a grey area with distribution centres in regards
to paypal disputes.

But if i have an order and i have it delivered to the address on the order with
proof of delivery then my end of the deal is done.

The buyers problem is then with the distribution centre, not the original seller.

However, how do you prove that the damage has been done after delivery to the
distribution centre? That is the problem i guess.
 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 09:57
 Subject: Re: When does seller responsibility for order end
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George_Lucy (17881)

Location:  USA, New Jersey
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Store: George's Brick Shop
The PP address is the distribution center so deliver is not the issue.

In Help, 1001bricks writes:
  
  Totally agree. You responsibility as a seller is to get it to the distribution
centre.

Good luck with a PayPal dispute/claim about non-delivery.
It's NOT what PayPal Terms state.
 Author: BricksOfFaith View Messages Posted By BricksOfFaith
 Posted: Jul 11, 2022 08:58
 Subject: Re: When does seller responsibility for order end
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BricksOfFaith (163)

Location:  USA, Tennessee
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In Help, George_Lucy writes:
  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me. The question is
if it was removed (which it was) and repacked how can I be liable for the damage?
The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks. He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

Hmm… that sounds extremely fishy… Does he expect you to be like, “Oh no! I’m
so sorry that I accidentally squished your parts over seas in a distribution
center that God only knows where it is! I’m so sorry I did that! Here! Take my
money!”

I mean, that fact that he just demanded 70 dollars from your PayPal seems very,
not right. I would probe for information, and like others have said, pictures!

Look at this situation as a learning experience! 😂
 Author: BricksOfFaith View Messages Posted By BricksOfFaith
 Posted: Jul 11, 2022 09:00
 Subject: Re: When does seller responsibility for order end
 Viewed: 43 times
 Topic: Help
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BricksOfFaith (163)

Location:  USA, Tennessee
Member Since Contact Type Status
Mar 21, 2018 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store Closed Store: Bricks of Faith
In Help, BricksOfFaith writes:
  In Help, George_Lucy writes:
  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me. The question is
if it was removed (which it was) and repacked how can I be liable for the damage?
The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks. He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

Hmm… that sounds extremely fishy… Does he expect you to be like, “Oh no! I’m
so sorry that I accidentally squished your parts over seas in a distribution
center that God only knows where it is! I’m so sorry I did that! Here! Take my
money!”

I mean, that fact that he just demanded 70 dollars from your PayPal seems very,
not right. I would probe for information, and like others have said, pictures!

Look at this situation as a learning experience! 😂

Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:02
 Subject: Re: When does seller responsibility for order end
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
Sep 6, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
  Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

It's not modern and not valid (even if still legal in your Country, I don't
know); PayPal will defend the buyer in 99.9% cases.

https://www.bricklink.com/message.asp?ID=1350157
 Author: BricksOfFaith View Messages Posted By BricksOfFaith
 Posted: Jul 11, 2022 09:04
 Subject: Re: When does seller responsibility for order end
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BricksOfFaith (163)

Location:  USA, Tennessee
Member Since Contact Type Status
Mar 21, 2018 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store Closed Store: Bricks of Faith
In Help, 1001bricks writes:
  
  Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

It's not modern and not valid (even if still legal in your Country, I don't
know); PayPal will defend the buyer in 99.9% cases.

https://www.bricklink.com/message.asp?ID=1350157

And I thought I would have a chance 🙄 so I write out terms and bust my butt
doing so, and it ain’t even legally Valid??
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 09:07
 Subject: Re: When does seller responsibility for order end
 Viewed: 43 times
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
Sep 6, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
In Help, BricksOfFaith writes:
  In Help, 1001bricks writes:
  
  Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

It's not modern and not valid (even if still legal in your Country, I don't
know); PayPal will defend the buyer in 99.9% cases.

https://www.bricklink.com/message.asp?ID=1350157

And I thought I would have a chance 🙄 so I write out terms and bust my butt
doing so, and it ain’t even legally Valid??

PayPal doesn't care your Terms, whatever's written.

Much more, you can't be sure buyer read them or understood them.
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Jul 11, 2022 09:30
 Subject: Re: When does seller responsibility for order end
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peregrinator (845)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Faber Family Bricks
In Help, BricksOfFaith writes:
  In Help, 1001bricks writes:
  
  Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

It's not modern and not valid (even if still legal in your Country, I don't
know); PayPal will defend the buyer in 99.9% cases.

https://www.bricklink.com/message.asp?ID=1350157

And I thought I would have a chance 🙄 so I write out terms and bust my butt
doing so, and it ain’t even legally Valid??

You accept PayPal so you have to observe THEIR terms. Neither BrickLink nor PayPal
is interested in enforcing your terms where they conflict with theirs.
 Author: calebfishn View Messages Posted By calebfishn
 Posted: Jul 11, 2022 15:24
 Subject: Re: When does seller responsibility for order end
 Viewed: 56 times
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calebfishn (2174)

Location:  Canada, Ontario
Member Since Contact Type Status
Feb 17, 2009 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Barbie's Brick Store
In Help, BricksOfFaith writes:
  In Help, 1001bricks writes:
  
  Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

It's not modern and not valid (even if still legal in your Country, I don't
know); PayPal will defend the buyer in 99.9% cases.

https://www.bricklink.com/message.asp?ID=1350157

And I thought I would have a chance 🙄 so I write out terms and bust my butt
doing so, and it ain’t even legally Valid??

The terms you write, (and this is also true of every seller's terms) have
no ability to supercede laws from a higher authority, even if the other party
accepted the terms. In many jurisdictions it is not legal to place terms in a
contract that are contrary to existing legislation, and the contract will be
invalid. Basically, people cannot sign away their rights. For example, my province
has a legal minimum wage. If you signed a contract to work for me for a wage
below that minimum, the contract would have no legal validity, no matter how
carefully you write it.

This is why I usually don't recommend that sellers devote a lot of energy
writing all sorts of terms for their Bricklink Store in order to protect themselves.
The Bricklink Terms of Service, Paypal's rules, governmental regulations,
etc. all supersede anything you can write. Instead, sellers should use their
terms to explain how the seller will protect the buyer. The best protection for
sellers is not "terms" but rather good business practices.
 Author: rab1234 View Messages Posted By rab1234
 Posted: Jul 11, 2022 17:24
 Subject: Re: When does seller responsibility for order end
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rab1234 (2128)

Location:  USA, North Carolina
Member Since Contact Type Status
Jun 15, 2018 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Blockbusting Bricks
I haven't had a lot of Paypal cases opened against me (less than 5 I'm
sure), but they've found for me 100% of the time as the seller. So not sure
why you're saying they almost always side with the buyer.


In Help, 1001bricks writes:
  
  Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

It's not modern and not valid (even if still legal in your Country, I don't
know); PayPal will defend the buyer in 99.9% cases.

https://www.bricklink.com/message.asp?ID=1350157
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Jul 11, 2022 17:37
 Subject: Re: When does seller responsibility for order end
 Viewed: 31 times
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1001bricks (53172)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
Sep 6, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
In Help, rab1234 writes:
  I haven't had a lot of Paypal cases opened against me (less than 5 I'm
sure), but they've found for me 100% of the time as the seller. So not sure
why you're saying they almost always side with the buyer.

Because I'm 60,000 orders and 16 years here? But hey, I may be wrong.


It's all depend the value (ex: 10$ and tracking is fine, but 500$ and no
proof of reception...), but also the history/risk rate of the buyer, yours, many
things.

Just read your PayPal terms to see WHEN exactly you're "protected"?
 Author: rab1234 View Messages Posted By rab1234
 Posted: Jul 11, 2022 17:45
 Subject: Re: When does seller responsibility for order end
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rab1234 (2128)

Location:  USA, North Carolina
Member Since Contact Type Status
Jun 15, 2018 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Blockbusting Bricks
As I said, it's very infrequent for me to have a problem order, but all the
claims against me have been for "undelivered" when USPS tracking showed successful
delivery. I guess it doesn't help that buyers who have opened cases have
also over-communicated and caught themselves in lies and/or threats for no good
reason (which of course get included in the Paypal claims). I recall one of
the cases, Paypal found in my favor (seller's) literally 3 seconds after
submitting proof of delivery.




In Help, 1001bricks writes:
  In Help, rab1234 writes:
  I haven't had a lot of Paypal cases opened against me (less than 5 I'm
sure), but they've found for me 100% of the time as the seller. So not sure
why you're saying they almost always side with the buyer.

Because I'm 60,000 orders and 16 years here? But hey, I may be wrong.


It's all depend the value (ex: 10$ and tracking is fine, but 500$ and no
proof of reception...), but also the history/risk rate of the buyer, yours, many
things.

Just read your PayPal terms to see WHEN exactly you're "protected"?
 Author: SurplusParts View Messages Posted By SurplusParts
 Posted: Jul 11, 2022 09:22
 Subject: Re: When does seller responsibility for order end
 Viewed: 41 times
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SurplusParts (6443)

Location:  Australia, Victoria
Member Since Contact Type Status
Apr 2, 2017 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: SurplusParts
In Help, BricksOfFaith writes:
  In Help, BricksOfFaith writes:
  In Help, George_Lucy writes:
  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me. The question is
if it was removed (which it was) and repacked how can I be liable for the damage?
The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks. He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

Hmm… that sounds extremely fishy… Does he expect you to be like, “Oh no! I’m
so sorry that I accidentally squished your parts over seas in a distribution
center that God only knows where it is! I’m so sorry I did that! Here! Take my
money!”

I mean, that fact that he just demanded 70 dollars from your PayPal seems very,
not right. I would probe for information, and like others have said, pictures!

Look at this situation as a learning experience! 😂

Side note- preparing for situations like this, I have it in my terms “After package
has been placed in the care of the United States Postal Service, Bricks of Faith
is no longer responsible for the buyers order.”

So who is responsible for the order then after it has been placed with USPS?
USPS is a company that you are sub-contracting to move goods from you, the seller,
to the buyer. The original contract is between you the seller and the buyer.

So to protect yourself against loss you can take out insurance etc with USPS
(which can be charged to the buyer). Then if the order is lost you can claim
a refund which can then be passed onto the buyer.

Otherwise, you the seller are always 100% responsible for your orders and you
will 99.9% of time lose disputes with paypal if the order is lost and you have
no protection.

Your terms are worth nothing sorry. You could write anything in your terms you
like, but at the end of the day you are running a business however you choose
to look at it. And businesses have to be responsible for your orders.
 Author: runner.caller View Messages Posted By runner.caller
 Posted: Jul 11, 2022 09:22
 Subject: Re: When does seller responsibility for order end
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runner.caller (2702)

Location:  USA, South Dakota
Member Since Contact Type Status
Jan 18, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: A Minifig Galore Store
In Help, George_Lucy writes:
   Just wondering if any one else
had this problem.

I almost had this problem, once.

Buyer used a freight forwarder, but was trying to play if off like I was sending
it to their family member.

As far as I know, if you send it to a freight forwarder, your responsibility
as a seller ends once it shows delivered to that address.

Them:
Let me ask , did you send the order to the correct address for me?
My family at that address hasn't received your item yet
My address is in PORTLAND, OR 97233
XXXXXXXXX KNOWN FF ADDRESS
Portland
OR 97233
USA
Phone:XXXXXX
Did u missed something ?
Pls check , tks u very much


Me:
I told them that it arrived based on the USPS tracking number.

Their response:
I know the package arrived on March 18th, the problem is they still can't
find the package you sent me, while the order others have received .
I need a signature confirming receipt, if it is exactly my family member received,
I will not bother you anymore
 Author: zorbanj View Messages Posted By zorbanj
 Posted: Jul 11, 2022 09:33
 Subject: Re: When does seller responsibility for order end
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zorbanj (872)

Location:  USA, New Jersey
Member Since Contact Type Status
Dec 14, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: ZorbaNJ's Bricks
In Help, George_Lucy writes:

  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me.

I think we can both guess the reason.

  The question is
if it was removed (which it was) and repacked how can I be liable for the damage?

Your responsibility ends when it is delivered. If this package was delivered
to the buyer's home and he accidentally ran the package over, would you be
responsible? Buyer should take this up with the freight forwarder.

  The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks.
He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

I can recall 2 instances.

The first one was a friendly interaction. I asked the buyer to reach out to the
freight forwarder and see if they had photos of the package I sent. Some take
photos to protect themselves against claims. There was a photo of the intact
package and the freight forwarder reimbursed the buyer.

Second one was a scam like your situation appears to be. I asked the buyer either
send photos of the damage or return the package. Buyer filed a PP claim. PP asked
the buyer to return the package and buyer and to pay shipping. Buyer disappeared.
 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 10:02
 Subject: Re: When does seller responsibility for order end
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George_Lucy (17881)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 16, 2008 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: George's Brick Shop
To clarify a few things. The PP address is a distribution center in USA. That
was delivered to that address so I am covered for that. I just heard from the
buyer and he says he threw the box away but remembers it being and I quote. "A
soft white box no printing". That is not true it was shipped in a Usps shoe box.
They 100% repacked it and sent it to him. If I responsible for that we should
all be concerned.

In Help, zorbanj writes:
  In Help, George_Lucy writes:

  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me.

I think we can both guess the reason.

  The question is
if it was removed (which it was) and repacked how can I be liable for the damage?

Your responsibility ends when it is delivered. If this package was delivered
to the buyer's home and he accidentally ran the package over, would you be
responsible? Buyer should take this up with the freight forwarder.

  The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks.
He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

I can recall 2 instances.

The first one was a friendly interaction. I asked the buyer to reach out to the
freight forwarder and see if they had photos of the package I sent. Some take
photos to protect themselves against claims. There was a photo of the intact
package and the freight forwarder reimbursed the buyer.

Second one was a scam like your situation appears to be. I asked the buyer either
send photos of the damage or return the package. Buyer filed a PP claim. PP asked
the buyer to return the package and buyer and to pay shipping. Buyer disappeared.
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Jul 11, 2022 10:07
 Subject: Re: When does seller responsibility for order end
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peregrinator (845)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Faber Family Bricks
In Help, George_Lucy writes:
  To clarify a few things. The PP address is a distribution center in USA. That
was delivered to that address so I am covered for that. I just heard from the
buyer and he says he threw the box away but remembers it being and I quote. "A
soft white box no printing". That is not true it was shipped in a Usps shoe box.
They 100% repacked it and sent it to him. If I responsible for that we should
all be concerned.

Well, yes, if the buyer is telling the truth then the distribution center repackaged
it. But there's not much reason to think he's telling the truth.
 Author: zorbanj View Messages Posted By zorbanj
 Posted: Jul 11, 2022 10:16
 Subject: Re: When does seller responsibility for order end
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zorbanj (872)

Location:  USA, New Jersey
Member Since Contact Type Status
Dec 14, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: ZorbaNJ's Bricks
You are covered against an item not received claim. You are *not* covered against
an item not as described claim. Your situation is one reason some sellers will
not ship to freight forwarders.

In Help, George_Lucy writes:
  To clarify a few things. The PP address is a distribution center in USA. That
was delivered to that address so I am covered for that. I just heard from the
buyer and he says he threw the box away but remembers it being and I quote. "A
soft white box no printing". That is not true it was shipped in a Usps shoe box.
They 100% repacked it and sent it to him. If I responsible for that we should
all be concerned.
 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 10:26
 Subject: Re: When does seller responsibility for order end
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George_Lucy (17881)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 16, 2008 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: George's Brick Shop
So if the package was insured would USPS cover it?

In Help, zorbanj writes:
  You are covered against an item not received claim. You are *not* covered against
an item not as described claim. Your situation is one reason some sellers will
not ship to freight forwarders.

In Help, George_Lucy writes:
  To clarify a few things. The PP address is a distribution center in USA. That
was delivered to that address so I am covered for that. I just heard from the
buyer and he says he threw the box away but remembers it being and I quote. "A
soft white box no printing". That is not true it was shipped in a Usps shoe box.
They 100% repacked it and sent it to him. If I responsible for that we should
all be concerned.
 Author: zorbanj View Messages Posted By zorbanj
 Posted: Jul 11, 2022 10:45
 Subject: Re: When does seller responsibility for order end
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zorbanj (872)

Location:  USA, New Jersey
Member Since Contact Type Status
Dec 14, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: ZorbaNJ's Bricks
No, unless the package was damaged during transit to the freight forwarder. Maybe
the freight forwarder repackaged it because it came in damaged.

In Help, George_Lucy writes:
  So if the package was insured would USPS cover it?

In Help, zorbanj writes:
  You are covered against an item not received claim. You are *not* covered against
an item not as described claim. Your situation is one reason some sellers will
not ship to freight forwarders.

In Help, George_Lucy writes:
  To clarify a few things. The PP address is a distribution center in USA. That
was delivered to that address so I am covered for that. I just heard from the
buyer and he says he threw the box away but remembers it being and I quote. "A
soft white box no printing". That is not true it was shipped in a Usps shoe box.
They 100% repacked it and sent it to him. If I responsible for that we should
all be concerned.
 Author: George_Lucy View Messages Posted By George_Lucy
 Posted: Jul 11, 2022 10:02
 Subject: Re: When does seller responsibility for order end
 Viewed: 43 times
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George_Lucy (17881)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 16, 2008 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: George's Brick Shop
To clarify a few things. The PP address is a distribution center in USA. That
was delivered to that address so I am covered for that. I just heard from the
buyer and he says he threw the box away but remembers it being and I quote. "A
soft white box no printing". That is not true it was shipped in a Usps shoe box.
They 100% repacked it and sent it to him. If I responsible for that we should
all be concerned.

In Help, zorbanj writes:
  In Help, George_Lucy writes:

  I have an order with a buyer in another country and he told me that 50 out of
70 pieces are smushed and no longer usable. The issue I have is this. I sent
the package in a pretty big box to a distribution center who than more than likely
unpacked it and sent it with other stuff to him. I have asked him for a picture
of the original box which he for some reason has not sent me.

I think we can both guess the reason.

  The question is
if it was removed (which it was) and repacked how can I be liable for the damage?

Your responsibility ends when it is delivered. If this package was delivered
to the buyer's home and he accidentally ran the package over, would you be
responsible? Buyer should take this up with the freight forwarder.

  The parts amount to about $70.00 and I basically got an email saying
they were smushed and please refund $70 to my PP account. Thanks.
He also said
he sent me picture but I have never seen them. Just wondering if any one else
had this problem.

I can recall 2 instances.

The first one was a friendly interaction. I asked the buyer to reach out to the
freight forwarder and see if they had photos of the package I sent. Some take
photos to protect themselves against claims. There was a photo of the intact
package and the freight forwarder reimbursed the buyer.

Second one was a scam like your situation appears to be. I asked the buyer either
send photos of the damage or return the package. Buyer filed a PP claim. PP asked
the buyer to return the package and buyer and to pay shipping. Buyer disappeared.
 Author: popsicle View Messages Posted By popsicle
 Posted: Jul 11, 2022 09:58
 Subject: (Cancelled)
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popsicle (6708)

Location:  USA, Washington
Member Since Contact Type Status
Feb 21, 2006 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: ConstrucToys
(Cancelled)